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Medical Cannabis

The Epilepsy Foundation is committed to supporting physician-directed care, and to exploring and advocating for all potential treatment options for epilepsy, including cannabidiol (CBD) oil and medical cannabis. We support safe, legal access to medical cannabis and CBD if a patient and their health care team feel that the potential benefits of medical cannabis or CBD for uncontrolled epilepsy outweigh the risks.

While not everyone with epilepsy should or would consider medical cannabis or CBD as a treatment option, some people living with uncontrolled seizures have reported beneficial effects and reduced seizure activity when using medical cannabis, especially strains rich in CBD. Further research is needed on the effects of medical cannabis on epilepsy, but when recommended by a treating physician, medical cannabis may be the best alternative for some individuals living with drug-resistant epilepsy and uncontrolled seizures. Legal access to cannabis will support increased research efforts and allow individuals who have failed to gain seizure control an option for treatment.

Epilepsy Foundation Engages on 2017 State and Federal Cannabis and CBD Access Bills

During the 2017 state and federal legislative sessions, the Epilepsy Foundation has closely monitored and advocated for legislation designed to increase access to medical cannabis and cannabidiol (CBD) for people with epilepsy. We continue to support lifting federal barriers to research on cannabis and CBD and support access to these potential therapies, through state-regulated programs, for individuals when other treatment options have failed.

In Congress, the Epilepsy Foundation supports:

TheCARERS Act (S. 1374), a bill which would protect patients and physicians in states with medical cannabis programs and remove federal barriers to cannabis research.

The Compassionate Access Act(H.R. 715), a bill that would provide for the medical use of cannabis in accordance with state law, and exclude cannabidiol from the federal legal definition of marijuana.

The Cannabidiol Research Expansion Act(S. 1276), which would require the Attorney General to determine whether cannabidiol should be a controlled substance, and to expand research on the possible medical benefits of cannabidiol and other marijuana components.

Medical Cannabis Advocacy Updates

On November 17, 2017, the Epilepsy Foundation and 11 organizations representing the epilepsy community, sent a letter to leaders of the Senate and House appropriations committees urging them to include a provision in the appropriations bills that would prohibit the Department of Justice from using funds to prevent states from "implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana." This provision would help ensure safe and reliable access to medical cannabis and CBD through protection of the state-regulated programs, which were established pursuant to state laws. It has been included in previous appropriations bills and it is a priority to many in the epilepsy community, especially the more than a million individuals living with epilepsy who do not have seizure control even with currently available FDA-approved therapies. Read the letter below.

On December 14, 2016, the Drug Enforcement Administration (DEA) finalized a rule that was proposed in 2011 related to the status of extracts of cannabis. The rule explicitly defines CBD as a separate category on the Schedule I controlled substances list as “Marihuana Extract.” Practically, this rule results in no change to the status quo because the DEA was already defining CBD products as Schedule I under the marihuana listing. Further, this rule will not impact the Food and Drug Administration’s (FDA) treatment of CBD products currently in the pipeline.

Federal law continues to treat cannabis and CBD as illegal, Schedule I controlled substances. However, the Department of Justice enforcement policy per an internal memorandum (the Cole Memo) states that federal prosecutors should prioritize eight enforcement areas, which do not include basic possession and use – these issues are left to state and local authorities to manage under state laws. While this has not meant that the DEA does not get involved in states, it has left states like Colorado, California, and others open to instituting the growing and dispensing of cannabis or CBD programs in their state. It is possible that this policy will change under the Trump administration.

Epilepsy Foundation Reacts after DEA Announces it Will Not Reschedule Cannabis to Improve Access for Research

On Thursday, August 11, 2016 the Drug Enforcement Agency (DEA) announced it would not reschedule cannabis, but would expand the number of sites that can grow cannabis for research. The Epilepsy Foundation is disappointed with the announcement because removing cannabis from Schedule I in the Controlled Substances Act would have lifted federal barriers to cannabis research. This would have paved the way for new treatments as well as much needed information that can help families make informed choices about medical cannabis.

We are encouraged that the DEA is considering expanding the number of sites that can grow cannabis for research and will closely monitor the implementation of the proposed expansion. We are concerned that the criteria could be too burdensome and may not allow for the meaningful expansion of growing sites. Currently it is difficult for scientists and researchers to organize clinical trials involving cannabis because it is a Schedule I substance and only the National Institute for Drug Abuse (NIDA) can cultivate cannabis for medical research.

While the DEA acknowledged some promise for CBD for epilepsy and seizures, they looked at a limited number of studies -- none in epilepsy or children, and none published since 2013. Recent studies and preliminary findings from clinical trials involving cannabis have shown minimal side effects or abuse potential for CBD when used to treat uncontrolled seizures.

The Epilepsy Foundation will continue to advocate for removing federal barriers to cannabis research and policies that promote innovation for the nearly one million people living with uncontrolled seizures.

On June 21, 2016, Americans for Safe Access (ASA) held a briefing to express their support of the Compassionate Access, Research Expansion, and Respect States (CARERS) Act (S. 683). The Epilepsy Foundation was proud to participate in this hearing, as Senators Gillibrand (NY) and Booker (NJ) spoke, along with state and local advocates for this issue. Bea Duque Long from our Government Affairs team spoke about the importance of changing federal law to protect individuals and families in states with medical cannabis programs.

We have urged the Senate to bring the CARERS Act up for a vote in committee and move it to the full Senate. The CARERS Act would remove federal barriers to research and help protect and improve state cannabis programs.

The Epilepsy Foundation led a group of organizations representing individuals living with chronic and rare health conditions in an April 27, 2016 letter to the Drug Enforcement Administration (DEA) expressing broad support from the patient community for removing federal barriers to cannabis research.

Epilepsy Foundation Leads Letter in Support of Rescheduling Cannabis

Moving cannabis from Schedule I in the Controlled Substances Act (CSA) would pave the way for greater research and new treatments. Currently it is difficult for scientists and researchers to organize clinical trials involving cannabis because it is a Schedule I substance and only the National Institute for Drug Abuse (NIDA) can cultivate cannabis for medical research. There are also additional costs and infrastructure requirements due to the Schedule I status that can limit innovation and investment in medical benefit research.

In April 2016, the DEA announced it would make a determination on the Food and Drug Administration (FDA) recommendation on the scheduling of cannabis. This announcement was included in a letter from the DEA, the Department of Health and Human Services (HHS), and the Office of National Drug Control Policy (ONDCP), sent to the Senate in response to a 2015 letter.

Congress was very active on the issue of medical cannabis during the 114th session. One of the biggest developments for medical cannabis on the federal level has been the 2015 introduction of the Compassionate Access, Research Expansion, and Protect States (CARERS) Act (S. 683), which would reschedule cannabis to lift federal barriers to cannabis research and protect individuals in states with medical cannabis programs. This was the first Senate compassionate access bill ever introduced.

Soon afterwards, the House introduced a companion bill, H.R. 1538. In April 2015, Representative Griffith introduced the Compassionate Access Act (H.R. 1774) which would require that cannabis be rescheduled and help improve access to cannabis for research purposes. The American Academy of Neurology (AAN) has endorsed H.R. 1774, truly speaking to the importance of more research on medical cannabis.

Also, Representative Scott Perry (PA) reintroduced the Charlotte’s Web Medical Access Act of 2015 (H.R. 1635) to reschedule CBD in order to improve access and protect individuals and families who are using this CBD oil. Along with this reintroduction, a Senate companion version, S. 1333, was introduced for the first time ever.

The Food and Drug Administration (FDA) has issued several more warning letters to companies that have inappropriately marketed products containing cannabidiol (CBD). Many of these companies have misrepresented the current science on CBD and many of the products contain little to no CBD. You can view the list of companies that were issued warningshere. Please keep in mind that not all companies that advertise CBD products were tested and consumers should always be careful when purchasing CBD products for the treatment of epilepsy and uncontrolled seizures.

These warnings reinforce the need for safe and legal medical cannabis programs in the states. It is important that each state that is interested in allowing the use of CBD or medical cannabis, also allow for cultivation, production, and distribution of these products within a formal program with strong safety regulations. We urge legislators to work to make CBD and cannabis a safer treatment option where consumers can be confident that the product they are purchasing contains the stated level of cannabinoids.

Medical Cannabis Position Statements

"The AAP recognizes that marijuana may currently be an option for cannabinioid administration for children with life-limiting or severely debilitating conditions and for whom current therapies are inadequate."

Learn More About Medical Cannabis & Cannabidiol

Discussion with a Doctor-Medical Cannabis: Dr. Orrin Devinsky discusses medical cannabis and epilepsy, including what research is being done, its use as a treatment option for epilepsy, and what we know about the safety of medical cannabis.

Research Update: Cannabidiol Shows Promise for Dravet Treatment in May 2017 Trial

On May 25, 2017, The New England Journal of Medicine published a study from the Cannabidiol in Dravet Syndrome Study Group, demonstrating significant reductions in seizures among children with Dravet Syndrome who were treated with cannabidiol oil.

The study found that in children treated with cannabidiol, the "median frequency of convulsive seizures per month decreased from 12.4 to 5.9." While not everyone with epilepsy should or would consider cannabidiol or medical cannabis as a treatment option, the study demonstrates the need and benefit of further research into the medical use of cannabidiol for people with epilepsy.